Bacourt

MEMORANDUM **

Lead petitioner Joasmene Bacourt, and her daughter, Sheila Clemenco, natives *686 and citizens of Haiti, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen to reapply for asylum and withholding of removal and to apply for protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s denial of a motion to reopen for abuse of discretion, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), and we deny in part and grant in part the petition for review and remand for further proceedings.

The BIA did not abuse its discretion in denying Bacourt’s motion to reopen to reapply for asylum and withholding of removal based on the agency’s prior adverse credibility determination. See Ordonez v. INS, 345 F.3d 777, 785 (9th Cir.2003) (holding that a motion to reopen must establish a prima facie case demonstrating “a reasonable likelihood that the statutory requirements for relief have been satisfied”) (quoting Matter of S-V-, 22 I. & N. Dec. 1306, 1308 (BIA 2000) (en banc)).

The BIA did abuse its discretion in denying Bacourt’s motion to reopen to apply for CAT…